The Census Bureau is considering a proposed rule that would require export filers to declare the country of origin for foreign products included in certain transactions. The agency considered the change about five years ago but has recently returned to the idea and expects to issue a proposal “soon,” said Omari Wooden, a senior Census official. “It’s something that's on the horizon,” Wooden said, speaking during the American Association of Exporters and Importers annual conference June 30. “You'll probably be seeing more information about that soon.”
Ian Cohen
Ian Cohen, Deputy Managing Editor, is a reporter with Export Compliance Daily and its sister publications International Trade Today and Trade Law Daily, where he covers export controls, sanctions and international trade issues. He previously worked as a local government reporter in South Florida. Ian graduated with a journalism degree from the University of Florida in 2017 and lives in Washington, D.C. He joined the staff of Warren Communications News in 2019.
A shift toward list-based sanctions and a rise in federal government compliance expectations are causing increasing challenges for the compliance community, compliance professionals said. At the center of those challenges are the designations imposed by the Treasury Department’s Office of Foreign Assets Control, which is setting a high bar for due diligence by more clearly describing its compliance expectations in settlement agreements.
The U.S. and its allies should expand sanctions and continue cutting off China from sensitive technologies as it further undermines democracy in Hong Kong, experts and a U.S. lawmaker said. They also said the U.S. should consider making China meet certain human rights standards before allowing companies to do business there and should work closer with European partners to close off Chinese access to global markets.
The Defense Department June 28 published an unclassified list of entities that qualify as Chinese military companies. DOD is required to publish a list annually through 2030 under the 2021 National Defense Authorization Act. President Joe Biden recently expanded a Trump-era policy that banned investments in Chinese military companies (see 2106030067). The State Department listed the following entities:
The multilateral Nuclear Suppliers Group met last week for the first time in more than a year to discuss export controls over nuclear weapons, the Iran nuclear deal, nonproliferation trade restrictions and more. The 48 member countries proposed updates to NSG export control lists and tapped a U.S. official to be a new group chair. Last year’s plenary was canceled due to the COVID-19 pandemic.
China has doubled down on efforts to illegally buy oil from Iran due to expectations that the Biden administration is close to easing sanctions on Iran (see 2106240044), the U.S.-China Economic Security Review Commission said in a June 28 report. Since late 2020, China has “significantly” increased its purchases of Iranian oil “with falsified identification from countries” such as Malaysia, the United Arab Emirates and Oman, according to the report, which cites data published by Refinitiv.
The Bureau of Industry and Security fined a U.S. security equipment manufacturer $140,000 for illegally exporting stun guns, police batons, handcuffs and pepper spray to countries in Latin America, Africa and the Middle East, BIS said in a June 23 order. The company, Florida-based Skyline USA, also violated Export Administration Regulations recordkeeping requirements for the exports, which were shipped to Colombia, Guatemala, Mexico, Nigeria, Pakistan, Panama, Trinidad and Tobago, and Uruguay. The exports, sent during 2014 to 2016, were worth about $50,000.
A Commerce Department advisory committee plans to voice concerns to Secretary Gina Raimondo about the delay for a rule that would eliminate certain filing requirements for exports to Puerto Rico. The rule, proposed by the Census Bureau in September (see 2009160033), sought industry feedback on the possibility of nixing Electronic Export Information requirements for shipments to Puerto Rico and the U.S. Virgin Islands, which many U.S. shipping groups and exporters say are unnecessary, costly and a time burden.
The State Department published its spring 2021 regulatory agenda, including a new mention of an interim final rule that will seek industry feedback on new export controls for critical and emerging technologies (see 2105200061). The State Department said it will ask for comments on the “technology frontier” to help the agency identify “specific technology capabilities” that have evolved enough to warrant revisions to the International Traffic in Arms Regulations. The agency will use the comments to revise and exclude entries on the U.S. Munitions List and to “add entries for critical and emerging technologies.” The State Department plans to issue the rule in October.
CBP’s Commercial Customs Operations Advisory Committee released a partial version of its Export Modernization White Paper, which is meant to serve as a “strategy and roadmap” for the future of the export process (see 2106180025). The paper, presented by the Secure Trade Lanes Subcommittee’s Export Modernization Work Group during a June 23 meeting, includes information on the responsibilities of parties in the export process, where data “actually” originates, who owns the data, how it should be used for export enforcement and more.